Daniel v. Stough
Supreme Court of Alabama
Appeal from Crenshaw Chancery Court. Heard before Hon. Jno. A. Foster. The bill in this cause was filed by M. E. Daniel and others, heirs at law óf M. M. Stough, deceased, against S. C. Stough, seeking to have set aside a sale of land belonging to the estate of said intestate, made by the defendant, while he was the administrator of said estate, to himself, and a conveyance thereof to him by a party appointed by the- probate court for that purpose. 'Two of the heirs did not…
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Appeal from Crenshaw Chancery Court. Heard before Hon. Jno. A. Foster. The bill in this cause was filed by M. E. Daniel and others, heirs at law óf M. M. Stough, deceased, against S. C. Stough, seeking to have set aside a sale of land belonging to the estate of said intestate, made by the defendant, while he was the administrator of said estate, to himself, and a conveyance thereof to him by a party appointed by the- probate court for that purpose. 'Two of the heirs did not join- as complainants in the bill; and they were not made defendants, the bill alleging, as an excuse therefor, the…
1Opinion of the Court
RRICKELL, C. Ji
— It can not be doubted that a purchase by an administrator at his own sale is voidable at the option of his cestms que trust, seasonably expressed, though he may have acted with- fairness, and made no profit. — James v. James, 55 Ala. 525; Galloway v. Gilmer, 36 Ala. 354. At an early day, in the case of Brannan v. Oliver, 2 Stew. 41, an exception to this rule was adopted, which has since prevailed, though its introduction has been more than once regretted by our predecessors. The exception is of purchases by an executor or .administrator having an interest in the fproqperty…
2Cases cited3 opinions
- James v. JamesSupreme Court of Alabama · 1876
- Calloway v. GilmerSupreme Court of Alabama · 1860
- Williams v. LewisSupreme Court of Alabama · 1829
3Cited by6 opinions
- Evans v. EvansSupreme Court of Alabama · 1917
- Randolph v. VailsSupreme Court of Alabama · 1912
- Meeks v. MillerSupreme Court of Alabama · 1926
- Craig v. CraigSupreme Court of Alabama · 1979
- McMillan v. RushingSupreme Court of Alabama · 1885
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